WHALEY v. UNITED STATES

No. 10940.

141 F.2d 1010 (1944)

WHALEY v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 23, 1944.


Attorney(s) appearing for the Case

Clint W. Hager and J. F. Kemp, both of Atlanta, Ga., for appellant.

M. Neil Andrews, U. S. Atty., Jas. T. Manning and R. W. Martin, Asst. U. S. Attys., all of Atlanta, Ga., for appellee.

Before HUTCHESON, HOLMES, and WALLER, Circuit Judge.


WALLER, Circuit Judge.

Whether or not there is sufficient evidence to support the verdict, finding the appellant guilty of membership in a conspiracy to violate the internal revenue laws relating to moonshine liquor, depends upon the weight that is accorded a number of pertinent circumstances, none of which, standing alone, would be sufficient to sustain a conviction. It is the jury's province to determine the weight that should be given to the circumstances, singly...

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